Judge Shigeru Oda and the Progressive Development of International Law


Book Description

The present volume inaugurates a new series, The Judges, which collects and synthesizes the opinions of leading international judges of the contemporary era who have contributed significantly to the progressive development of international law. The series is launched with the Judicial Opinions of Shigeru Oda, currently Vice President of the International Court of Justice. The collection of Opinions covers the period from Judge Oda's first election to the International Court in the Autumn of 1975, on to the year 1992. All of the individual Opinions filed by Judge Oda in this period - Separate Opinions, Declarations and Dissenting Opinions - are included, and they are published in full, without editorial cuts. An introductory essay examines the diverse educational and professional influences contributing to Judge Oda's formation as a jurist, from his earliest university years in Japan and in the United States, through his subsequent professional career in universities and government service and at international academic-scientific and diplomatic reunions over the years. The study includes a résumé and analysis of Judge Oda's Judicial Opinions, through the cases, and attempts some identification and synthesis of the main elements in his approach to decision making and opinion writing, as well as the main strands in his judicial philosophy, as demonstrated in the actual case law.




Liber Amicorum Judge Shigeru Oda


Book Description

Judge Shigeru Oda, having served since 1976 in three successive nine-year terms on the International Court of Justice, has helped to shape the Court's jurisprudence for over a quarter century. His influence on the law of the sea spans an even longer period, beginning with his doctoral dissertation at Yale Law school in the 1950s and continuing with his involvement in the First, Second and Third UN Conferences on the Law of the Sea. In a tribute to Judge Oda's significant contributions to international law, leading scholars on the law of the sea, international dispute settlement and the ICJ itself have produced a Festschrift in his honour that promises to be a standard reference work on these topics for years to come. This two volume work, containing over 95 articles, begins by examining the role of the international judge and the jurisdiction of international tribunals (including reservations to jurisdiction, the Optional Clause, the Special Agreement, and the power to indicate special measures). It contains a particularly lively debate regarding the proliferation of international tribunals and whether the potential for conflicting decisions is problematic or productive. Other areas of focus include the history and current development of the law of the sea; the first in-depth examination of the establishment and first decisions of the International Tribunal for the Law of the Sea; and the ICJ's treatment of the development, doctrines and sources of international law. Further sections are devoted to International Litigation as analysed by leading practitioners; Land and Maritime Boundaries, International Watercourses and Other Waters; and Defence, the Use of Force and the Law of Armed Conflict. The composition of the editorial team - Nisuke Ando of Kyoto, Edward McWhinney of Ottawa and Rüdiger Wolfrum of Heidelberg - reflects Judge Oda's truly international career and the extent to which his work has drawn from and contributed to diverse legal traditions. The print edition is available as a set of two volumes (9789041117908).




Judge Shigeru Oda and the Path to Judicial Wisdom


Book Description

The present volume is the fourth in a series, "The Judges," which collects and synthesizes the opinions of leading international judges of the contemporary era who have contributed significantly to the progressive development of international law. The series was launched with the Judicial Opinions of Shigeru Oda, former Judge and Vice President of the International Court of Justice. This collection of Opinions covers the period from the year 1993 until his retirement in 2003. All of the individual Opinions filed by Judge Oda in this period - Separate Opinions, Declarations and Dissenting Opinions - are included, and they are published in full, without editorial cuts. The study includes a "resume "and analysis of Judge Oda's Judicial Opinions, through the cases, and attempts some identification and synthesis of the main elements in his approach to decision making and opinion writing, as well as the main strands in his judicial philosophy, as demonstrated in the actual case law.




Annuaire Canadien de Droit International 1995


Book Description

The Canadian Yearbook of International Law is issued annually under the auspices of the Canadian Branch of the International Law Association (Canadian Society of International Law) and the Canadian Council on International Law. The Yearbook contains articles of lasting significance in the field of international legal studies, a notes and comments section, a digest of international economic law, a section on current Canadian practice in international law, a digest of important Canadian cases in the fields of public international law, private international law, and conflict of laws, a list of recent Canadian treaties, and book reviews.




Perspectives of International Law in the 21st century / Perspectives du droit international au 21e siècle


Book Description

This Liber Amicorum in honour of Professor Christian Dominicé covers most of the topical problems of contemporary international law, in particular those related to the principles and fundamentals of international law, human rights and humanitarian law, institutional law and criminal international law. Ce Liber Amicorum en l’honneur du Professeur Christian Dominicé couvre certains des sujets les plus actuels du droit international, en particulier ceux ayant trait aux principes et fondamentaux du droit international, aux droits de l’homme et au droit humanitaire ou encore au droit institutionnel et pénal international.




Judge Sir Gerald Fitzmaurice and the Discipline of International Law


Book Description

Influential, but controversial - elected to the International Court in 1960, Sir Gerald Fitzmaurice served as a judge until 1973. This work comprises a thoughtful essay by Professor Merrills and a selection of Judge Fitzmaurice's opinions. Professor Merrills' essay analyses Judge Fitzmaurice's achievements during his judical tenure and relates them to his earlier work as a legal advisor and scholar. The essay also discusses the final phase of Fitzmaurice's career in which he served as a judge on the European Court of Human Rights and arbitrator. Demonstrating how Fitzmaurice's decisions as a judge stemmed from his distinctive view of law and the legal process, this study particularly interests scholars, practitioners, and students concerned with international adjudication and the nature of international law. This volume is the third in the series entitled The Judges, which examines the opinions of international judges who have made significant contributions to international law.







Asian Yearbook of International Law, Volume 5 (1995)


Book Description

The Asian Yearbook of International Law is the first publication dedicated primarily to international law as seen from an Asian perspective. It provides international law articles written by experts from the region and other articles relating to Asian topics. The editorial board, national correspondents, advisory council, and governing board comprise a diverse group of academics and government officials from a wide range of countries and positions. The Asian Yearbook of International Law offers a number of useful features: - articles; - notes; - legal materials (such as the state practice in a number of Asian countries and participation in multilateral treaties); - Asia and international organizations; - chronicle of events for the covered year; - literature (including book reviews and a bibliography); - selected documents (treaties, agreements, and other relevant primary documents); - and an index. Its range of features assures that the Yearbook comprehensively covers the critical events, legislation, and issues of the past year and that users can easily access all of this information. Academics and practitioners who deal with international public law in Asia will appreciate this unique, complete resource. The Asian Yearbook of International Law provides insight into Asian views and practices, especially for non-Asian readers, and also promotes the dissemination of knowledge of international law in Asia. Some of the topics covered in this volume: the right to legal assistance, recent developments in Asian investment treaty expropriation clauses, the law and practice of India on effectuation of international law in the municipal order, and China's ratification of the 1982 UN Convention on the Law of the Sea.




Self-Determination of Peoples and Plural-ethnic States in Contemporary International Law


Book Description

In analysing the contemporary International Law principles as to Self-determination of Peoples, Dr. Edward McWhinney gives a special attention to the crisis today of multinational states put together, usually hurriedly and without proper regard for foreseeable later problems in establishing a plural-constitutional order system, by the military victors in World War I in the imposed Peace treaties of 1919. The key to successful exercise of a claimed right to self-determination is Recognition by other, existing states in the World Community and today also admission to the United Nations. In examining the classical rules on Recognition of States and the recent developed practice as to U.N. Membership, the author signals the continuing antinomy of Law and Power and how high political concerns for their own conceived national interests influence or control decisions on application of the legal ground rules in concrete cases by heads of government and their foreign ministries. The author notes at the same time the attempt to consolidate and codify existing rules on a political "regional" basis, most evident perhaps with the European Union today. In addressing the claimed new legal category of "failed state" with the concomitant asserted legal right of other states to intervene, if necessary unilaterally or outside the United Nations, to impose their own "corrective" measures, he suggests that the postulated "failure" in such cases may frequently stem less from problems inherent in the state concerned than from past hegemonial actions by outside states in pursuit of their own geopolitical interests in the region. A special concluding chapter draws on the empirical record of the historical, often trial-and-error experience of the Succession states to the Versailles treaties settlements and to the assorted acts of Decolonisation of the former European Imperial, Colonial powers.




Parry and Grant Encyclopaedic Dictionary of International Law


Book Description

For nearly thirty-five years, the international legal community has relied on one ambitious yet humble volume as a starting point for legal questions. This classic red volume is a one-of-a-kind reference tool that brings together both terminology and pertinent descriptive information on international law. This book will also be available online as an e-reference on the Oxford University Press Digital Reference Shelf. Now in its third edition, The Parry and Grant Encyclopaedic Dictionary of International Law is completely updated and expanded to include increased coverage in growing areas of international law including diplomatic law, criminal law, human rights, and more. Over 2,500 entries (over a 20% increase in content from the previous edition) provides the reader with copious references for further research including cases, treaties, journal articles, and websites. Its alphabetically arranged entries allow the reader to form a deeper understanding than a mere definition could supply and offer concise but substantial information on such essentials of international law as: Legal terms as used in international law Significant doctrines Prominent cases, decisions and arbitration Important incidents Judicial and literary figures Treaties and conventions Organizations and institutions Acronyms